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Understanding negative easements

On Behalf of | Jun 20, 2024 | Real Estate |

Negative easements are a key part of property law that greatly influence what property owners are allowed to do on their land. In California, these easements help keep neighborhoods peaceful and protect property value.

What are negative easements?

Negative easements are legal rights that stop property owners from doing certain things on their land. Positive easements let someone use another’s property. Negative easements stop actions that could harm the property. Examples include banning structures that block views or activities causing problems like pollution.

Types of negative easements in California

  • Scenic easements: These easements prevent property owners from putting up buildings or planting trees that would block their neighbors’ views. This helps keep the area’s beauty and property values intact.
  • Light and air easements: Light and air easements prevent property owners from building things that block sunlight or airflow to nearby properties. These easements are crucial for ensuring comfortable living conditions, particularly in urban areas.
  • Conservation easements: Conservation easements protect nature, farms, and open spaces by limiting new construction. They provide tax benefits to property owners and help conserve the environment.

Legal implications for property owners

Before buying land, you should know how existing easements can affect future owners. Establishing a negative easement requires a written agreement, usually a deed. It’s wise to consult a real estate attorney to handle the process.

Take control of your property rights

Negative easements help you protect important things, like the look and natural features of your property. These easements enhance the quality and enjoyment of your land. Work with legal experts and stay informed to better manage your property and help your community and the environment.